Martin v. Franklin Capital
546 U.S. 132 (2005) Cited 4,778 times 9 Legal AnalysesHolding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”
Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,170 times 2 Legal AnalysesHolding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Janus v. Am. Fed'n of State, Cnty., & Mun. Emps., Council 31
138 S. Ct. 2448 (2018) Cited 508 times 21 Legal AnalysesHolding that requiring public-sector union dues from nonmembers violates the First Amendment, and overruling Abood v. Detroit Bd. of Ed. , 431 U.S. 209, 97 S.Ct. 1782, 52 L.Ed.2d 261, based on "both factual and legal" developments that had "eroded the decision's underpinnings and left it an outlier among our First Amendment cases"
Valdes v. Wal-Mart Stores, Inc.
199 F.3d 290 (5th Cir. 2000) Cited 493 timesHolding that the "mere determination that removal was improper" does not require a district court to award attorney's fees
In re Carter
618 F.2d 1093 (5th Cir. 1980) Cited 238 timesHolding that a Plaintiff cannot rob the district court of subject matter jurisdiction by electing to amend away the ground for federal jurisdiction
Richardson v. United Steelworkers of America
864 F.2d 1162 (5th Cir. 1989) Cited 104 timesHolding that the "duty of fair representation generally governs a union's conduct vis-a-vis the bargaining unit members when the union is representing them"
Kollar v. United Transp. Union
83 F.3d 124 (5th Cir. 1996) Cited 27 timesHolding that the plaintiff's fraud claim was preempted by the RLA because the gravamen of the fraud claim was “that the Union made false and misleading statements concerning [the p]laintiffs' seniority rights,” which was “controlled by the CBA and modifying agreements,” and, therefore, to prove the falsity of the representations, the plaintiffs would have to demonstrate that the Unions representations differed from the seniority provisions of the CBA
Bobo v. Christus Health
359 F. Supp. 2d 552 (E.D. Tex. 2005) Cited 7 timesFinding jurisdiction over state-law causes of action where the only significant bad act alleged in the complaint was breach of federal law
Section 151 - Definitions; short title
45 U.S.C. § 151 Cited 2,944 times 7 Legal AnalysesDefining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."
Section 152 - General duties
45 U.S.C. § 152 Cited 1,249 times 1 Legal AnalysesImposing the duty not only to "maintain" agreements but also to "make" them